NJ Marijuana Legalization

An Overview of What’s to Come

Key Points • Possession • Transfer • Licenses • Medical Marijuana

On May 18th, 2017 Senator Nicholas P. Scutari introduced a bill to legalize possession and personal use of small amounts of marijuana for persons age 21 and over, create the Division of Marijuana Enforcement, and dispensary licensing structure for the state of New Jersey.

The bill is quite lengthy so we wanted to break down the main points that will effect NJ resident marijuana users. We will be adding more information to this page as the bill is being formed. Signup to get new notifications for this bill.

Here’s a link to the bill if you’re brave enough to read through it. » Click here

Last Updated: 5/21/2017

Key Points

  • 21+ only
  • Possess or transfer (1) one ounce or less of marijuana
  • At least one marijuana retail store per county (could change)
  • Marijuana producer must have a Class 1 Marijuana Cultivation Facility license
    • Must be NJ resident for 2 years for cultivation & dispensary licenses
  • No person can have more than three marijuana establishment licenses at any time.
  • License application and renewal fees shall be established by the division (not decided)
  • Tax Structure over 5 years (could change)
    • Year one: 7%
    • Year two: 10 %
    • Year three: 15 %
    • Year four: 20 %
    • Year five & beyond: 25 %

Carry, Purchase, or Transporting

Under the current bill you will be allowed to carry:

  • Marijuana paraphernalia
  • One ounce or less of marijuana
  • 16 ounces or less of marijuana infused product in solid form
  • 72 ounces or less in liquid form
  • 7 grams or less of marijuana concentrate
  • Up to 6 immature marijuana plants (subject to the provisions)

Transferring Marijuana

Under the current bill you will be allowed to transfer (to a person):

  • One ounce or less of marijuana
  • 16 ounces or less of marijuana infused product in solid form
  • 72 ounces or less in liquid form; 7 grams or less of marijuana concentrate;
  • Up to 6 immature plants, without marijuana cultivation facility to a person who is of or over the legal age for purchasing marijuana items, provided that such transfer is for non-promotional, non-business purposes

Edibles

This section of the bill is pretty vague and will most likely change in the future:

  • Standardized serving of marijuana shall be no more than 10 milligrams of active THC and no individual edible retail product unit for sale shall contain more than 100 milligrams of active THC
  • Each standardized serving of marijuana must be easily separable to allow an average person 21 years of age and over to physically separate

Types of Licenses

The new marijuana license structure (Class 1-4) for the state of NJ.

Producer (Class 1)

A marijuana producer must have a Class 1 Marijuana Cultivation Facility license (Marijuana Producers license) issued by the division for the premises at which the marijuana is produced.  The division shall determine the maximum number of licenses but, providing there exist qualified applicants, shall issue a sufficient number

Wholesaler (Class 2)

A marijuana wholesaler must have a Class 2 Marijuana Wholesaler license issued by the division for the premises at which the marijuana is warehoused.  The division shall determine the maximum number of licenses but, providing there exist, qualified applicants, shall issue a sufficient number of licenses to meet the wholesaler demands that implementation of this act requires.

Retailer (Class 3)

A marijuana retailer must have a Class 3 Marijuana Retailer license issued by the division for the premises at which the marijuana is retailed.  The division shall determine the maximum number of licenses but, providing there exist qualified applicants, shall issue a sufficient number of licenses to meet the wholesaler demands that implementation of (new – could change) requires.

Transporter (Class 4)

A marijuana transporter must have a Class 4 Marijuana Transportation license issued by the division.  The division shall determine the maximum number of licenses but, providing there exist qualified applicants, shall issue a sufficient number of licenses to meet the transportation demands that implementation of (new – could change) requires.

Marijuana handlers

An individual who performs work for or on behalf of a person who holds a license under (new – could change) shall have a valid permit issued by the division under this section if the individual participates in:

  • The possession, securing, or selling of marijuana items at the premises for which the license has been issued; or
  • The recording of the possession, securing, or selling of marijuana items at the premises for which the license has been issued.

Medical Marijuana

Under the new bill, medical marijuana will be provided to patients in the program when marijuana is legalized in NJ.

*In this bill current medical marijuana dispensaries in NJ will be able to sell recreational marijuana along with medical cannabis. Essentially, this will allow those specific 5 medical dispensaries to be the first to market in the state when the bill is enacted. This is one of the very few problems with this bill as it would give an unfair advantage to newly started dispensaries. We hope they can come to some type of agreement on how to fairly enter the market.

Like what you see? Others will benefit too!